TRACTION: Transnational Labour Constitutionalism: Strategic Litigation and the Constitutional Protection of Work
Lead Research Organisation:
University of Leeds
Department Name: Law
Abstract
Labour movements in Europe are threatened by the hollowing-out of labour regulations, the absence of substantive social rights protections, the elevation of capital's logic of profit maximisation into all spheres of decision-making, and increased restrictions on trade union organising that leaves limited space for genuine democratic engagement and political participation. In this void of democratic representation and in response to real social challenges civil society groups, and labour movements in particular, have mobilised legal and political resources at the national and transnational level. TRACTION aims to comprehend the ways that European labour movements have engaged in transnational strategic litigation and its potential effectiveness as a tool of socio-political struggle. As the first comprehensive study of supranational legal mobilisation strategies by European labour movements, this project will provide original outputs from which academics, trade unionists and labour movement practitioners can comprehend and contribute to an ongoing discussion about effective strategies. Furthermore, TRACTION contributes to urgent debates about the relationship between citizens, national legal systems, and global political and legal institutions. Focusing on the mobilisation of transnational law, TRACTION describes and evaluates the innovative mechanisms through which civil society groups might express democratic demands and implement social justice claims.
The development of transnational labour law regimes (in the EU, CoE, and ILO) presents a constellation of labour standards, jurisprudence, complaint procedures, and enforcement mechanisms. The transnational nature of the norms produced by public international law institutions begs key questions about the scope and potential for the integration of labour law standards and jurisprudence across borders. TRACTION's challenge is to map the strategic opportunities and limitations presented by transnational labour law regimes.
TRACTION responds to a significant gap in contemporary socio-legal studies and labour law scholarship by identifying the interdisciplinary opportunity to apply socio-legal analytic tools to doctrinal analysis of transnational labour law. To develop understanding of transnational litigation's potential effectiveness, it is necessary to draw on legal mobilisation studies' insights about the extra-legal factors that shape litigation strategies (including social, political, and economic factors) and the potentially productive relation between litigation and political mobilisation. Critically, TRACTION will engage with labour lawyers and trade unionists to analyse practitioner perspectives on the strategic rationale and opportunities/limitations of strategic litigation at the transnational level.
Post-Brexit, British trade unions will have to re-evaluate the role and effects of transnational labour law standards and jurisprudence. Brexit will not foreclose the opportunities presented by postnational legal pluralism but the role of supranational courts will change. In this space, TRACTION will analyse new ways of approaching public international legal institutions strategically and evaluate the continued effectiveness of European labour law regimes for British trade unions.
TRACTION is concerned with the constitutional implications of European trade unions using trans/national strategic litigation as a mechanism for confronting social, political, and economic injustices experienced by contemporary labour. While the constitutional protection of labour ought to guarantee democratic structures that give workers a voice and mechanisms of redress, the use of strategic litigation indicates an absence of responsive political representation structures. TRACTION will evaluate the extent to which transnational labour regimes provide effective mechanisms capable of channelling political and legal demands about the constitutional protection of work.
The development of transnational labour law regimes (in the EU, CoE, and ILO) presents a constellation of labour standards, jurisprudence, complaint procedures, and enforcement mechanisms. The transnational nature of the norms produced by public international law institutions begs key questions about the scope and potential for the integration of labour law standards and jurisprudence across borders. TRACTION's challenge is to map the strategic opportunities and limitations presented by transnational labour law regimes.
TRACTION responds to a significant gap in contemporary socio-legal studies and labour law scholarship by identifying the interdisciplinary opportunity to apply socio-legal analytic tools to doctrinal analysis of transnational labour law. To develop understanding of transnational litigation's potential effectiveness, it is necessary to draw on legal mobilisation studies' insights about the extra-legal factors that shape litigation strategies (including social, political, and economic factors) and the potentially productive relation between litigation and political mobilisation. Critically, TRACTION will engage with labour lawyers and trade unionists to analyse practitioner perspectives on the strategic rationale and opportunities/limitations of strategic litigation at the transnational level.
Post-Brexit, British trade unions will have to re-evaluate the role and effects of transnational labour law standards and jurisprudence. Brexit will not foreclose the opportunities presented by postnational legal pluralism but the role of supranational courts will change. In this space, TRACTION will analyse new ways of approaching public international legal institutions strategically and evaluate the continued effectiveness of European labour law regimes for British trade unions.
TRACTION is concerned with the constitutional implications of European trade unions using trans/national strategic litigation as a mechanism for confronting social, political, and economic injustices experienced by contemporary labour. While the constitutional protection of labour ought to guarantee democratic structures that give workers a voice and mechanisms of redress, the use of strategic litigation indicates an absence of responsive political representation structures. TRACTION will evaluate the extent to which transnational labour regimes provide effective mechanisms capable of channelling political and legal demands about the constitutional protection of work.
Organisations
Publications
Meakin J
(2024)
Mobilising Transnational Labour Law in Search of Transformation in Europe
in Industrial Law Journal
| Description | TRACTION has provided a critical map of the ways that trade unions in Europe engage strategically with transnational labour law norms and mechanisms. By exploring the various ways that trade unions mobilise transnational labour law, TRACTION has provided an original study of the rationale that underpins engagements with the European Court of Human Rights, the Court of Justice of the European Union, and the reporting and complaint mechanisms of the International Labour Organisation and the European Social Charter, and their impact on national and international labour law regimes. Drawing on and contributing to contemporary debates on the transformative potential of legal mobilisation, TRACTION investigates the legal opportunity structures of the mechanisms above to show that the role and effectiveness of transnational labour law mobilisation is tied to several critical factors, including the extent to which a normative regime is capable of recognising worker-protective claims, the presence of competing socio-economic interests and public policy objectives, judicial receptiveness to the protection of fundamental labour rights, the prospects for legal transformation over time, procedural factors, and the strategic objectives of trade unions. This provides greater understanding of transnational labour law as a key site of contestation, over the meaning and application of fundamental labour rights, and the reasons why trade unions engage with its mechanisms over time. TRACTION's key findings have detailed the ways that transnational mechanisms provide opportunities for workers and trade unions to challenge government policy and failure to implement international obligations relating to work and labour standards. TRACTION has also detailed the role of transnational litigation, complaints, and reporting in the longer-term transformation of labour rights standards. TRACTION's key findings include an original dataset from 30 semi-structured interviews on the effectiveness of transnational legal mobilisation with leading trade union officers, trade union lawyers, and representatives from international labour institutions, including the International Labour Organisation, European Trade Union Confederation, and the Trades Union Congress. This dataset provides a unique insight into the different approaches to transnational labour law, from individual trade unions in various jurisdictions (United Kingdom, Netherlands, Norway, and Spain), trade union confederations, and international labour standards agencies. Interviews detail the various strategic approaches and aims of each participant and contribute significantly to developing our understanding of the ways that transnational labour law can be mobilised effectively, the structural deficiencies of international labour law, opportunities for multi-level dialogue over labour regulation in contemporary Europe, as well areas for potential reform at the national, international, and transnational level. Finally, this project has developed a new international research network of academic and practitioners in the field of labour law and industrial relations focused on the effectiveness of transnational legal mobilisation. TRACTION's collaborative research methods have included interviews with leading experts and practitioners that have opened opportunities for future research projects and impact and engagement activities. Having consulted research users on their research needs and preferred fora for knowledge exchange, the next stage of research dissemination will include a series of seminars and accessible resources detailing TRACTION's key findings. |
| Exploitation Route | TRACTION's outputs make a significant contribution to contemporary debates on the effectiveness of legal mobilisation for scholars in the fields of labour law, socio-legal studies, industrial relations, and political science. My key findings provide new avenues for critically investigating legal mobilisation strategies in different jurisdictions and industries. The frameworks developed in this research project can be applied to the strategies of trade unions in a specific country or in another regional context, such as in Africa, Asia, Australasia, or the Americas. This also presents opportunities for comparative analysis of the ways that transnational labour law is used and its relative effectiveness across the globe. Moreover, TRACTION's investigation into the transformative potential of (transnational) legal mobilisation can be developed and applied to various regulatory contexts, including but not limited to the environment, discrimination, and inter-state disputes. Following collaborative meetings with research users, I envisage my research findings being used as part of educational and knowledge resources by trade unions and trade union confederations. Findings that detail the opportunities and limitations of various legal mobilisation strategies may also inform future practice guides and provide evidence for the development of new policies relating to international labour law mechanisms. The development of accessible resources, including infographics, are designed for use by both trade unions and the wider public to develop understanding of the critical role of international labour law and transnational legal mobilisation in shaping the content and scope of labour regulation at the local, national, regional, and global levels. |
| Sectors | Communities and Social Services/Policy Education Government Democracy and Justice Other |
| URL | https://doi.org/10.1093/indlaw/dwae030 |
| Description | Impact Partner Meetings |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Professional Practitioners |
| Results and Impact | The meetings were organised to engage with and learn from lawyers and trade unionists to better comprehend their research needs in relation to this subject, and the types of resources that would be most beneficial. The aim of the meetings was to ensure that the TRACTION project produces resources that are useful and effective for practitioners and the wider trade union movement (beneficiaries and research-users). These meetings have involved the exchange of knowledge between academics and non-academics and inform the co-production of research outputs. For example, these insights will inform the future topic of webinars and will shape the focus and format of educational resources. I have received positive feedback and encouragement from impact partners on the value and potential impact of TRACTION's outputs, each of whom are keen to be involved in future knowledge exchange events organised by TRACTION, to contribute to the project by participating in interviews, and support the production of impactful resources. |
| Year(s) Of Engagement Activity | 2023 |